SHOAIB AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. GOVT. LKO
BAIL/3595/2025 · 2025-07-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137172 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137172 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44087 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3595 of 2025 Applicant :- Shoaib And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Govt. Lko Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.,Rizwanul Haque Ansari,Santi Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants, learned AGA for the State, Ms. Priyanka Yadav, Advocate holding brief of Shri R.H. Ansari, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that 10 named and 10 unknown persons with a common intent came armed with lathi- danda and sharp edged weapons and assaulted the family members of the complainant.
Learned counsel for the applicants submits that the applicants are innocent. In the statement of three injured, general role has been assigned to all the twenty accused persons. It is not clear as to who has caused the alleged injuries. It is further submitted that the applicants have no criminal history and they are languishing in jail since 6.3.2025. There is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicants and submitted that the injuries are on vital part of the injured. However, there is no fracture sustained by the injured. On due consideration to the submissions advanced, perusal of the record so also the fact that general role of the assault has been assigned to all the twenty accused persons; it is not clear from the prosecution case as to who has caused the injuries sustained by the injured; the applicants have no criminal antecedents; they are languishing in jail since 6.3.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed.
Let the applicants- Shoaib and Kafeel involved in Case Crime No. 110 of 2025, under Sections 109(1), 191(2), 191(3), 115(2), 118(1), 352, 351(2) of B.N.S., Police Station- Padua, District- Lakhimpur Kheri, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them in accordance with law. (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 B.N.S.S. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of B.N.S.
Order Date :- 30.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench